An Oklahoma County judge denied the state’s request to dismiss a lawsuit challenging Oklahoma’s restrictions on who may sell caskets, allowing the constitutional case to move forward.
OKLAHOMA CITY — An Oklahoma County judge has denied the state’s request to dismiss a lawsuit challenging Oklahoma’s funeral licensing law, allowing a Hughes County couple’s constitutional claims to move forward.
District Judge Don Andrews denied the defendants’ motion to dismiss in a lawsuit filed by Caskets of Honor LLC and its owners, Candice Mentink and Todd Collard, against the Oklahoma Funeral Board and its members. The ruling allows the case to continue but does not determine whether the challenged law is constitutional.
The couple operates Caskets of Honor in Calvin, where they design personalized caskets featuring military, religious, outdoor, sports and family themes. According to their petition, Oklahoma law prevents them from selling those caskets directly to Oklahoma customers because they are not licensed funeral directors and do not operate a licensed funeral establishment.
State law at issue
The lawsuit challenges portions of Oklahoma’s Funeral Services Licensing Act that generally require businesses selling funeral merchandise directly to the public to operate through a licensed funeral establishment supervised by a licensed funeral director.
The plaintiffs argue those requirements violate the Oklahoma Constitution’s protections for due process, free speech and the right to pursue a lawful occupation because they sell caskets but do not provide funeral services. They also contend Oklahoma does not regulate the construction or design of caskets, does not require a casket for burial and permits residents to purchase caskets from out-of-state retailers, making the licensing requirements unrelated to public health or safety as applied to their business.
State defends licensing requirements
In its motion to dismiss, the Oklahoma Attorney General’s Office argued the lawsuit should be dismissed because Oklahoma courts and the U.S. Court of Appeals for the Tenth Circuit have previously upheld the state’s funeral licensing laws. The state argues the licensing requirements are rationally related to legitimate governmental interests, including consumer protection, and that the plaintiffs’ constitutional claims fail as a matter of law.
The plaintiffs dispute that conclusion, arguing the licensing requirements create unnecessary barriers for businesses that sell caskets but do not offer funeral services.
Case moves forward
According to the petition, the dispute arose after the Oklahoma Funeral Board alleged the couple violated state licensing requirements by offering caskets for sale without the required licenses. The petition states the matter resulted in a $4,000 administrative penalty and that the couple later filed suit seeking declaratory and injunctive relief.
By denying the motion to dismiss, the court determined the lawsuit may proceed to the next stage of litigation. The ruling does not resolve the merits of the plaintiffs’ constitutional claims, which remain before the court.
